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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116710
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a new construction home in Florida, in 2005, which

Customer Question

I bought a new construction home in Florida, in 2005, which had condo rules and regulations. All of the buildings in there are 5 units to a building, so there are two end units to every building. Since I have been living there, the association has changed the rules where owners of end units are no longer allowed to rent their place out unless you owned the unit before the rule change. Well currently I am renting out my end unit because I was grandfathered in, but I am selling my home and it is affecting the price and offers, as my realtor has got multiple potential buyers say they would place an offer on the place if they were able to rent it out. I feel this is unfair and would like to know who I can get a hold of to see if this is even legal? How would someone be able to make such a major change that affects 40% of the homeowners and their resale by discrimination? Any info on this matter would be very helpful, even if it is an email to point me to the right people to talk to about this matter. Thank you.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, this is a common question we get and I am afraid that a condo association in FL can have a bylaw limiting the owner's right to rent their units. The association can even create two separate classes of owners, those who have grandfather rights to rent and those who are new and do not have those rights. Legally, all the owners can do is file a bylaw change in accordance with the bylaws to try to get this bylaw changed.
This is an issue when living in any common ownership community, the owner gives up rights of control over their property for things like this.
In order to pass such a rule, you need to refer to the association bylaws to see what was required for a vote to change the rules and then follow the bylaws regarding submitting a new bylaw change to get this changed back.

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